28 April 2008, 15:25
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#19
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Global Moderator
Join Date: Mar 2001
Location: UK
Age: 46
Posts: 6,160
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Check your facts please! That is simply incorrect. A database does not need to be commercial to be covered by the Database Right.
Quote:
Statutory Instrument 1997 No. 3032
The Copyright and Rights in Databases Regulations 1997 - continued
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PART III
DATABASE RIGHT
Interpretation
12. - (1) In this Part -
...
"investment" includes any investment, whether of financial, human or technical resources;
..
Qualification for database right
18. - (1) Database right does not subsist in a database unless, at the material time, its maker, or if it was made jointly, one or more of its makers, was -
(a) an individual who was a national of an EEA state or habitually resident within the EEA,
(b) a body which was incorporated under the law of an EEA state and which, at that time, satisfied one of the conditions in paragraph (2), or
(c) a partnership or other unincorporated body which was formed under the law of an EEA state and which, at that time, satisfied the condition in paragraph (2)(a).
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